Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Misrepresentation definition

What does Misrepresentation mean? Misrepresentation describes an untrue pre‑contract statement of existing fact or law made by one party (or its agent) to the other, which materially induces the other to enter the contract. It is primarily shaped by case law, with statutory modification in England and Wales by the Misrepresentation Act 1967 (with broadly equivalent legislation in Northern Ireland and Ireland). In Scotland, the concept sits within error and delict rather than the 1967 Act. Key features: - The statement must be factual or legal, not mere opinion or sales puff (unless dishonestly or carelessly made). Half‑truths, failure to correct a change of...

Termination of Construction Contracts: Common Law and Contractual Grounds, Notice Requirements, Risks, Consequences, and Liquidated and Ascertained Damages

Published by a LexisNexis Construction expert

Practice notes

Termination of a construction contract

A construction contract can be brought to an end—discharged, terminated or determined—in several ways. Chief routes include:

performance
mutual agreement or release
Misrepresentation or fraud (see Practice Note: Misrepresentation—Rescission as a remedy)
Frustration (see Practice Note: Discharge by frustration)
at Common law for a repudiatory breach of contract (repudiation)
exercising a contractual right to terminate, for example:
- for breach of contract
- at will
- on insolvency

This Practice Note considers ending a construction contract at common law for repudiatory breach, and termination under an express contractual power either for breach or on an at-will basis. For guidance on ending for insolvency, see Practice Note: Termination on insolvency in construction contracts. For consultant appointments, see also Practice Note: Termination of a consultant's appointment...

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Web page updated on 22/05/2026

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